Compiled by: Richard Sheinis, Esq. Uber Agrees to 20 Years of Privacy Audits After FTC Says it ‘Failed Consumers’ CNBC Uber has settled with federal regulators that accused the start-up of “deceptive privacy and data security claims.” More than 100,000 names and … 86 Percent WhatsApp Users Exposed to Fraud, Hacking: Study Deccan Chronicle 86 per cent WhatsApp users exposed to fraud, hacking: Study … Brigham Young University computer science PhD student who led the study. Feds Charge Ex-Denali CTO Michael Leeper With Computer Fraud In Columbia Sportswear … CRN The U.S. Attorney’s office has charged ex-Denali CTO Michael Leeper (pictured) with one count of computer fraud, claiming that Leeper remotely and … Anthem Breach Lesson: Why Granular Access Control Matters BankInfoSecurity.com … absolutely prevent a breach in any sort of operational business because you have to be sharing data – and people have to be working with that data ……       Read More

Written by: Duke Regan, Esq. President Trump’s recent declaration of a national state of emergency regarding the opioid crisis serves as yet another reminder of the scope and seriousness of the opioid threat. Some states, such as Florida, have already declared state emergencies and established state databases to assist healthcare providers in assessing and fighting the opioid crisis. While organized efforts are certainly a significant step in the fight against the opioid crisis, health care facilities and health care providers need to consider factors extending beyond their own patient encounters. These include a patient’s drug seeking tendencies, opioid tolerance, and also outside pressures from the pharmaceutical industry. Since 2009 pharmaceutical companies have been allowed to disseminate information suggesting certain products may have uses beyond their specific FDA approvals. The companies cannot directly market these uses but can suggest some medications, including opioids, have broader applications. There is no question so…       Read More

Written by: Rayford Taylor, Esq. The First District Court of Appeal recently considered an appeal in the case of Julio Jiminez v. UPS, Case No. 1D16-4959, involving a challenge to Section 440.12(2) Fla. Stat. (2014). That statute sets the cap on the maximum weekly compensation rate. The merits of the challenge were not addressed by the Appeals Court because the case was sent back to the Judge of Compensation Claims (“JCC”) for further development of the record. Florida appears to be the latest state to challenge the existence of a statutory cap, or limitation on the maximum amount payable as a weekly compensation rate. This challenge is similar to a recent challenge filed in Alabama challenging its version of the maximum compensation rate. That Alabama case is known as Clower v. CVS Caremark Corp. The trial judge there found the weekly maximum compensation rate of $220.00 to be unconstitutional. The…       Read More

Featured on Hospitality Upgrade Magazine’s Tech Talk. Written by: Sam Crochet, Esq. In my June column, we discussed why the General Data Protection Regulation (GDPR) matters to the hospitality industry and the technical/organizational steps members should take to comply with the regulation. Practically speaking, any U.S. company desirous of European customers must comply with the GDPR as of May 25, 2018, or risk facing penalties as high as 4 percent of global revenue. In this segment, we move on to two key requirements of the GDPR that supervisory authorities will be monitoring (and enforcing) closely: consent and breach notification. 1. Changes to How Hospitality Members Must Obtain “Consent” to Collect Data The GDPR requires companies to give European consumers the chance to “opt in” to data collection by a statement or clear affirmative action. Presentation of the “opt in” request must be clear and concise. This is a stark shift from the former…       Read More

Compiled by: Richard Sheinis, Esq. Hackers Demand Ransom for Stolen HBO Data RollingStone.com Hackers Demand Ransom for Stolen HBO Data … On Monday, the hackers behind HBO’s recent data breach demanded ransom to prevent the … Cyber Criminals’ Next Deadly Target: Grandpa’s Pacemaker Sacramento Bee The May 12 WannaCry ransomware attack – which locked down some 150,000 computers around the world – had a calamitous impact on Britain’s … Siemens to Update Medical Scanner Software to Deal With Security Bugs U.S. News & World Report “It’s pretty serious,” UK-based independent computer security analyst … He said hospitals in general were badly protected against hacking, partly … Study: Computers Analyzing Instagram Posts Can Find Signs of Depression NBC4 Washington Roughly 43 percent of their initial participants refused to share their Instagram data out of privacy concerns. Reece and Danforth did not immediately … VPN Provider Accused of Sharing Customer Traffic With…       Read More

Written by: R. Spencer Smith III, Esq. When opioids are more readily available, deaths from overdose follow, as clearly seen in the following two maps. But simply limiting access to prescriptions from doctors and clinics may not be enough to reverse the trend of opioid addiction, and may lead to unintended consequences.     Opioids have hit Ohio about as hard as anywhere. Governor John Kasich and the Ohio legislature have enacted multiple measures to combat its opioid problem. Guidelines were enacted in 2011 and 2012 for emergency departments and acute care clinics limiting the use of prescription opioids, and in 2013 similar guidelines were established for management of chronic pain. Further, Ohio enacted an automated reporting system in 2015 called OARRS to combat physician shopping by integrating electronic medical records, thus enabling physicians to search for a patient’s history of opioid prescriptions. The effects of these forms seem to…       Read More

Written by: Ashik R. Jahan, Esq. The H-1B visa is designed to be for professional, “specialty” occupations. Specialty occupations require the “theoretical and practical application of a body of highly specialized knowledge,” and require the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. For computer programmers, a prior USCIS Memo from December 22, 2000 stated that the computer programmer position would generally qualify as a specialty occupation and was in fact H-1B eligible. The March 31, 2017 memo issued by USCIS has rescinded that prior memo and has instructed USCIS adjudicators to only approve an H-1B for a computer programmer if the H-1B employer can show sufficient evidence that the job duties meet the requirements of a specialty occupation. What does this mean? Well practically speaking it means that USCIS is seeking…       Read More

Written by: Adam Peoples, Esq. More than 400 healthcare providers were recently charged with taking part in a health care fraud and opioid scam totaling $1.3 billion. According to Attorney General Jeff Sessions, this was the “largest health care fraud takedown operation in American history.” Sessions also commented that the nurses, doctors, and pharmacists involved chose to “violate their oaths and put greed ahead of their patients.” Kelly Norris was among those charged. Norris was a sales representative for Northside Pharmacy, which did business as Global Compounding Pharmacy. As charged, Global conspired to generate and bill for fraudulent and high-reimbursement prescriptions by, among other things, hiring sales representatives who were married or related to doctors and other prescribers. According to the filings, Norris was closely related to an Alabama physician who wrote a significant number of the prescriptions benefitting Norris and Global. Global also encouraged its sales representatives to push…       Read More

Written by: Ashik R. Jahan, Esq. President Trump’s recent announcement that he is seeking to support legislation to curb the level of legal immigration to the U.S. by proposing a skills-based system is significant. What is most concerning is that his proposal would drastically change the way immigration law has operated in the U.S. for generations. U.S. policy has long been one of family unity and diversity. Despite the long waits that may apply currently to bring over certain family members such as siblings or married children of U.S. citizens, immediate relatives (parents, children, spouses) of U.S. citizens have been a priority for family-based immigration. The White House appears to now be taking the position that unskilled individuals, regardless of family connections or ties to U.S. citizens, would not be able to immigrate to the U.S. under a merit-based system. A merit based system would grade possible immigrants based on…       Read More

Written by: Karl Braun, Esq. and Larry Cheng The United States Court of Appeals for the Ninth Circuit recently considered whether the Google name should continue to receive trademark protection. Specifically, the Ninth Circuit examined whether the term “google” had become generic. In 2012, Chris Gillespie acquired 763 domain names that included the term “google.” For example, Gillespie registered for domain names such as “googledisney.com,” “googlebarackobama.net,” and “googlenewtvs.com.” Google, Inc. (“Google”) opposed Gillespie’s registrations and filed a complaint with the National Arbitration Forum (“NAF”). The NAF agreed with Google’s argument that Gillespie’s domain names were confusingly similar to the Google trademark. Accordingly, the domain names were transferred to Google. Gillespie, joined by David Elliott (“the challengers”), filed an action in the Arizona District Court seeking cancellation of the Google trademark pursuant to the Lanham Act, which allows cancellation of a registered trademark if it is primarily understood as a “generic…       Read More